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TOKAYER v. SEETIN DESIGN, INC.

22 A.D.3d 226 (2005)

801 N.Y.S.2d 600

IRA DANIEL TOKAYER et al., Appellants, v. SEETIN DESIGN, INC., et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 4, 2005.

Inasmuch as the record presents a triable issue as to whether plaintiffs repudiated the contract sued upon, plaintiffs were not entitled to summary judgment upon their cause of action for breach of contract (see Tenavision, Inc. v Neuman, 45 N.Y.2d 145, 150 [1978]; Gardiner Intl., Inc. v J.W. Townsend & Assoc., Inc., 13 A.D.3d 246 [2004]; cf. Key Bank of N.Y v K.H. Assoc.,

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